Second lawsuit filed over Delray Beach special election

A second Delray resident has filed a lawsuit aimed at forcing the city to follow its own rules and hold a special election to fill a vacancy on the City Commission.

J. Reeve Bright, a former attorney said he wants the city "to live by" the city charter, a document that defines the city's procedures. "If they don't like the charter, then they should change it," Bright said Monday.

The court has ordered Delray commissioners to appear before a judge Dec. 30 to explain why the city should not abide by its charter. The document says Delray has two months to hold a special election and fill a vacancy on the commission if they can't agree after two meetings.

The second lawsuit comes on the heels of a similar petition by Kenneth MacNamee. However, MacNamee filed a motion to dismiss his case Friday over concerns the city would try to consolidate both lawsuits, he said. Bright has a "better drafted Writ," MacNamee said in an email.

Bright said he thinks his approach had a better chance of getting swift action. "That's the thing, we are under a timeline here," Bright said.

Bright was a Delray Beach attorney on the front lines of the 2000 presidential recount battle in Palm Beach County. He was permanently disbarred by the Florida Supreme Court in 2013 for continuing to practice law while his license was suspended. He in 2013 told the Sun Sentinel that the Florida Bar's accusations were not true, but opted not to contest them.

The city's four commissioners were still split 2-2 in their votes for an interim commissioner after a second meeting.

Mayor Cary Glickstein said the seat will remain vacant until March.

It's not possible to hold an election in 60 days and impractical to do it a month before March elections for the same seat, Glickstein said.

City Attorney R. Max Lohman said that even if one of the lawsuits prevails and the court orders the city to hold the special election, it still would be impossible.

Holding a special election would cost the city $75,000 and confuse voters as campaigns for an interim candidate would coincide with those for new candidates, Lohman said.

The hearing is set for 9:30 a.m. on Dec. 30 in front of Palm Beach County Circuit Judge Jeffrey Gillen.